What does it mean for a debt collector to take my deposition when I have sued the collection agency?
What does it mean for a debt collector to take my deposition when I have sued the collection agency?
You sued the abusive debt collector and now the collector wants to take your deposition
Congratulations on suing the abusive debt collector!
Part of the lawsuit process is having your deposition taken.
Since this is the case, it raises all sorts of questions:
- What is a deposition?
- Why is the collector allowed to ask me questions?
- Will I be alone?
- What do I say in a deposition
Let’s look at each of these questions.
1.) What is a deposition?
A deposition is where the debt collector’s lawyer can ask you questions about the lawsuit and your experiences with the debt collector.
You then answer those questions under oath, which is “sworn” testimony.
Typically you will be in a conference room with one of us as your lawyer, the lawyer for the debt collector you sued, and a court reporter.
The collection lawyer asks you the questions.
Then, you answer the questions.
The court reporter writes down everything that was said.
We are there to make sure the questions are not improper and, if needed, to ask you questions.
2.) Why is the collector allowed to take my deposition?
In a lawsuit there is something called “discovery” which is where both sides can ask for information and documents from each other.
This can be done in writing:
- Interrogatories
- Request for production of documents
- Request for admission
But it can also be done verbally through a deposition.
The rules allow both sides to do this so each side can understand the facts and claims, which allows each side to be prepared.
3.) Will I be alone at the deposition?
No — we will be with you (obviously if you are not a client your own lawyer will be with you) to make sure the questions are proper.
If the other side asks you improper questions, then we will object.
And occasionally we will need to ask you questions at the deposition.
4.) What do I say in a deposition?
You answer the questions truthfully. We are there to make sure the questions are proper.
Think of it this way — you are not there to argue or persuade. You are there to be a witness — to answer questions.
We have a system to help you get ready for being deposed so it will easier and more comfortable for you to give your testimony.
We’ll go over this with you when the time is right so that you will be prepared for the other side trying to trick you or force you into false answers.
The bottom line is: tell the truth and don’t get tricked by the lawyer asking you questions.
Contact Us.
We hope this short article helps you understand the process and the details of how to get ready we will save for another time.
If you have any questions, give us a call at 1-205-879-2447.
Or you can fill out a contact form and we will get in touch with you as soon as possible.
However, if you’ve already hired an attorney, get with your attorney and they will answer your questions.
Best wishes!